Cheshire East Council (23 012 870)

Statement Upheld Disabled children 25-Apr-2024

Summary: Mr and Mrs X complained the Council signed off installation works of a specialist electrical bath for their child without getting an electrical safety certificate from the contractors. Mr and Mrs X also complained the Council installed the incorrect bath. We found fault with the Council failing to get the correct electrical safety certificate and for delays in making this safe. The Council agreed to apologise to Mr and Mrs X and pay them £500 for the avoidable distress and inconvenience caused. We did not find fault with the Council’s installation of the bath or later changing this to a wet-room.

Cheshire East Council (23 021 315)

Statement Upheld Looked after children 22-May-2024

Summary: We upheld this complaint, and the Council has agreed to resolve the complaint early by taking the complaint through the children’s statutory complaints procedure and by apologising to Mr X. We did not investigate Mr X’s substantive complaints about support he received as a looked after child or as a care leaver because the Council agreed to progress the complaint through the statutory children’s complaints procedure.

Cheshire East Council (23 014 723)

Statement Upheld Special educational needs 29-May-2024

Summary: The Council delayed finalising Ms X’s child, Z’s, Education, Health and Care (EHC) Plan in 2023, failed to make sufficient efforts to find Z a placement in a specialist school and relied on a mainstream school which said it could not meet Z’s needs to provide their education. As a result, Z has not received all the education in their EHC Plan for four terms and this continues to date. To recognise the period of missed education and the uncertainty caused, the Council has agreed to apologise, pay Ms X £7,200, and pay her £2,000 for each additional term this academic year that Z continues not to receive the education in their Plan. To prevent reoccurrence of fault the Council has also agreed to carry out service improvements.

Cheshire East Council (23 010 248)

Statement Upheld Special educational needs 27-Jun-2024

Summary: Mrs X complained the Council did not review her child’s education, health and care plan within the statutory timescales, failed to provide the provision in the plan and failed to provide alternative education when her child was out of school. We found fault by the Council causing Mrs X and her child an injustice. The Council agreed to apologise and make a payment in recognition of the injustice caused. We could not investigate all parts of Mrs X’s complaint. This is because they are outside of the Ombudsman’s jurisdiction.

Cheshire East Council (23 004 560)

Statement Upheld Other 01-Jul-2024

Summary: Mrs X complained about the way in which the Council completed the children’s statutory complaints procedure in response to her complaint it failed to provide her family with appropriate support. We have found fault with the way in which some parts of the procedure were completed, causing injustice. The faults are: the recommended payment to recognise the impact of the Council’s failings on the family did not properly reflect the extent of this injustice in line with our published remedies guidance; and the Council did not properly implement some of the other recommendations. To remedy the injustice the Council has agreed to: apologise to Mrs X; make a payment to properly reflect the impact of the failings; make a payment to recognise the distress caused by the failure to properly implement some of the recommendations; carry out a new statutory carer’s assessment; hold a meeting with Mrs X to discuss the family’s support needs and develop an action plan for options for assessing and providing support for the family; and complete the outstanding service improvement recommendation.

Cheshire East Council (23 015 491)

Statement Upheld Disabled children 04-Jul-2024

Summary: Ms P complained the Council unfairly made changes to a short breaks plan which had been working well for her son. We found the Council at fault for a delay in carrying out its short breaks plan review, and in failing to follow the statutory complaints process. The Council has agreed to make a symbolic payment to Ms P in acknowledgement of the injustice caused.

Cheshire East Council (23 016 195)

Statement Upheld Special educational needs 31-Jul-2024

Summary: Miss X complained the Council failed to provide all the support it should have done for her son, Y’s, special educational needs. There was fault in how the Council took too long to arrange the speech and language therapy in Y’s Education Health and Care plan. This caused Miss X avoidable uncertainty and frustration for which the Council should apologise and pay a financial remedy.

Cheshire East Council (23 017 017)

Statement Upheld Special educational needs 08-Aug-2024

Summary: Ms X complained the Council failed to provide the specialist educational provision in her children, Y and Z’s, Education, Health and Care (EHC) Plans when they moved into the Council’s area. The Council failed to provide the specialist provision in Y and Z’s Plans between September and October 2023 and did not have due regard to the Armed Forces Covenant. The Council will pay Ms X £2,500 to recognise the injustice caused to her, Y and Z and will review how it manages the transfer of Service children with EHC Plans.

Cheshire East Council (24 000 705)

Statement Upheld Special educational needs 04-Sep-2024

Summary: Mrs X complained the Council did not provide information she requested about applying for a personal budget to secure the specialist educational provision set out in the Education, Health and Care Plans of her two children. The Council failed to provide Mrs X the information she requested which caused her avoidable frustration. The Council will apologise and now provide her with the personal budget information she requested.

Cheshire East Council (23 005 368)

Statement Upheld Other 10-Sep-2024

Summary: Mrs K complained the Council and the Integrated Care Board (ICB) stopped paying for Miss D’s housing costs when the property changed to supported housing. She said this resulted in
Miss D depleting her savings because she had to pay rent and incurring legal charges as she had to seek specialist legal advice. We found fault in the way the Council and the ICB decided to stop paying for Miss D’s housing costs as her accommodation should have been provided without charge in line with the terms of the Mental Health Act 1983. The legal fees she owes could have been avoided were it not for the faults. The Council and the ICB have agreed to our recommendations and will repay Miss D over £59,000 she paid for rent plus interest and pay her avoidable legal fees. They will also improve their processes and determine if others have been affected in a similar way.